2018 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law
Part II - Personnel
Chapter 49 - Miscellaneous Prohibitions and Penalties
Sec. 971 - Service credit: officers may not count service performed while serving as cadet or midshipman
10 U.S.C. § 971 (2018) | ||||||
§971. Service credit: officers may not count service performed while serving as cadet or midshipman | ||||||
(a) Prohibition on Counting Enlisted Service Performed While at Service Academy or in Navy Reserve.—The period of service under an enlistment or period of obligated service while also performing service as a cadet or midshipman or serving as a midshipman in the Navy Reserve may not be counted in computing, for any purpose, the length of service of an officer of an armed force or an officer in the Commissioned Corps of the Public Health Service. (b) Prohibition on Counting Service as a Cadet or Midshipman.—In computing length of service for any purpose, service as a cadet or midshipman may not be credited to any of the following officers: (1) An officer of the Navy or Marine Corps. (2) A commissioned officer of the Army or Air Force. (3) An officer of the Coast Guard. (4) An officer in the Commissioned Corps of the Public Health Service. (c) Service as a Cadet or Midshipman Defined.—In this section, the term "service as a cadet or midshipman" means— (1) service as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy; or (2) service as a midshipman at the United States Naval Academy. |
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(Added Pub. L. 85–861, §1(20), Sept. 2, 1958, 72 Stat. 1442; amended Pub. L. 90–235, §6(a) (1), Jan. 2, 1968, 81 Stat. 761; Pub. L. 98–557, §17(a), Oct. 30, 1984, 98 Stat. 2867; Pub. L. 101–189, div. A, title VI, §652(a)(1)(A), (2), Nov. 29, 1989, 103 Stat. 1461; Pub. L. 104–201, div. A, title V, §581, Sept. 23, 1996, 110 Stat. 2537; Pub. L. 105–85, div. A, title X, §1073(a)(13), Nov. 18, 1997, 111 Stat. 1900; Pub. L. 109–163, div. A, title V, §515(b)(1)(D), (2), Jan. 6, 2006, 119 Stat. 3233, 3234.) |
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2006—Subsec. (a). Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve" in heading and "Navy Reserve" for "Naval Reserve" in text. 1997—Subsec. (b)(4). Pub. L. 105–85 substituted "Commissioned Corps" for "commissioned corps". 1996—Pub. L. 104–201, §581(c)(3), struck out "enlisted" after "count" in section catchline. Subsec. (a). Pub. L. 104–201, §581(a), (c)(2), inserted heading, substituted "while also performing service as a cadet or midshipman or serving as a midshipman" for "while also serving as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy or", and inserted before period at end "or an officer in the Commissioned Corps of the Public Health Service". Subsec. (b). Pub. L. 104–201, §581(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "In computing length of service for any purpose— "(1) no officer of the Navy or Marine Corps may be credited with service as a midshipman at the United States Naval Academy or as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy; "(2) no commissioned officer of the Army or Air Force may be credited with service as a midshipman at the United States Naval Academy or as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy; and "(3) no officer of the Coast Guard may be credited with service as a midshipman at the United States Naval Academy or as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy." Subsec. (c). Pub. L. 104–201, §581(c)(1), added subsec. (c). 1989—Subsec. (a). Pub. L. 101–189, §652(a)(1)(A), struck out ", under an appointment accepted after June 25, 1956," after "Naval Reserve". Subsec. (b)(1). Pub. L. 101–189, §652(a)(2)(A), struck out ", if he was appointed as a midshipman or cadet after March 4, 1913" after "United States Coast Guard Academy". Subsec. (b)(2). Pub. L. 101–189, §652(a)(2)(B), struck out ", if he was appointed as a midshipman or cadet after August 24, 1912" after "United States Coast Guard Academy". 1984—Subsec. (b)(3). Pub. L. 98–557 added par. (3). 1968—Pub. L. 90–235 designated existing provisions as subsec. (a) and added subsec. (b). TRANSFER OF FUNCTIONSFor transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. APPLICATION OF SUBSECTION (A) TO SERVICE UNDER APPOINTMENT ACCEPTED BEFORE JUNE 26, 1956Pub. L. 101–189, div. A, title VI, §652(a)(1)(B), Nov. 29, 1989, 103 Stat. 1461, provided that: "The limitation in section 971(a) of title 10, United States Code, shall not apply with respect to a period of service referred to in that section while also serving under an appointment as a cadet or midshipman accepted before June 26, 1956." |
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United States Code, 2018 Edition, Title 10 - ARMED FORCES | ||||||
Bills and Statutes | ||||||
United States Code | ||||||
Y 1.2/5: | ||||||
Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 49 - MISCELLANEOUS PROHIBITIONS AND PENALTIES Sec. 971 - Service credit: officers may not count service performed while serving as cadet or midshipman |
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section 971 | ||||||
2018 | ||||||
January 14, 2019 | ||||||
Yes | ||||||
standard | ||||||
70 Stat. 333 72 Stat. 1442 81 Stat. 761 98 Stat. 2867 103 Stat. 1461 110 Stat. 2537 111 Stat. 1900 119 Stat. 3233 |
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Public Law 85-861, Public Law 90-235, Public Law 98-557, Public Law 101-189, Public Law 104-201, Public Law 105-85, Public Law 109-163 |